Union Territories (Centrally administered territories)
- Part VIII (Union Territories)
- Number of UTs - 8
- UTs does not have much autonomy with respect to States
- 1st UT was created by 7th constitutional amendment act 1956 → State reorganisation act 1956 → established 14 states and 5 centrally administered territories.
UTs with their capitals
- Jammu and Kashmir - Srinagar (summer capital) & Jammu (winter capital)
- Lakshadweep - Kavaratti
- Chandigarh - Chandigarh
- Dadar & Nagar Haveli and Daman & Diu - Daman
- Puducherry - Puducherry
- Andaman and Nicobar island - Port Blair
- Delhi - New Delhi
- Ladakh - Leh (summer capital) & Kargil (winter capital)
Union territories are also called as Centrally administered territories.
Some areas of Indian territories have been given the status of Union territories through 7th Constitutional Amendment Act 1956.
Note - Delhi was also declared as Union territory in 1956 and was given law making mechanism, i.e., legislative assembly and a council of ministers through 69th Constitutional Amendment Act 1991 which inserted Article 239 AA in the Constitution.
Delhi legislative assembly can make laws on all subjects listed in state list and concurrent list except Police, Public order and Land.
Puducherry was provided a legislative assembly under Article 239A (14th Amendment Act 1962).
Legislative assembly of Puducherry can make laws on all subjects listed in State list as well as in Concurrent list.
Article 239 AB - provides for the President rule in Delhi.
Reason for the creation of Union territories
- Administrative and political reason
- Chandigarh and Delhi
- Cultural reason (unique culture)
- Dadar & Nagar Haveli and Daman & Diu, Puducherry
- Strategic reason
- Puducherry (as it is present in both side of peninsular India), Andaman and Nicobar (island), Lakshadweep (island), Jammu & Kashmir, Ladakh
- Tribal interest
- Andaman and Nicobar, Lakshadweep
Problems of having more UTs
- Overburden on centre
- Local government (states) may makes law largely in the interest of locals.
- Undemocratic and against the federal spirit
Structure of government in some UTs (which have legislative assembly)
HOTs
- Indian union is administered by → the President
- States are administered by → the Governor
- Union territories are administered by → the President
Administrator of Andaman and Nicobar, Delhi and Puducherry is known as Lt. Governor.
Difference between Lieutenant Governor of UT and Governor of States
Governor
- Head of the State
- Can promulgate ordinance
- CoM is appointed by the governor
Lt. Governor
- Not head of the UT
- Can also promulgate ordinance
- CoM is appointed by the president
UTs are administered by the president through a administrator appointed by him. Administrator of an UT is not the head of the UT, the way governor was in case of the state and is just an agent of president in UTs.
Only Delhi and Puducherry (also in Jammu and Kashmir) are provided with a legislative assembly and a council of minister headed by the CM.
Reason for giving Delhi and Puducherry a legislative assembly
- Delhi → high population with very huge diversity
- Puducherry → treaty with France to give it some autonomy
Delhi has got a law making body so that the aspirations of diverse population of the Delhi is well accommodated through law making machinery, i.e., legislative assembly which is chosen by diverse and huge population of Delhi.
Reason why Puducherry has its assembly is "The Treaty of Cession" 1956 which said that the establishment of Puducherry will allow it to have benefit of special administrative status which it was enjoying till Nov. 1954.
Parliament can make laws on any subject for the 5 UTs other than Delhi, Puducherry and Jammu and Kashmir. They make laws through their own legislative assemblies.
Though Puducherry can make laws on all the subjects of state list and concurrent list, Delhi can also make laws on the subjects of state list and concurrent list except three areas of state list, Police, Public order and Land.
When their assemblies are not in session, the administrator (Lt. Governor) can promulgate ordinances. But when assembly is dissolved, Parliament can make laws for them (through the president).
- Parliament give law making power to the president and the president can issue orders which are known as Regulations for the smooth working of administration.
Lt. governor of Delhi and Puducherry can promulgate ordinance having the same force as the act of the assembly of UT.
However, Lt. governor can't promulgate an ordinance in case the assembly of the UT is either dissolved or suspended.
To promulgate an ordinance, he does it only on the advice of the council of ministers of UT after having prior permission of the president.
In case assembly is either dissolved or suspended, the law making power of the UTs comes with the parliament and the parliament can delegate this power to the president who can now issue regulations having the same force and effect as the act of the parliament.
Using it he can even repeal or amend any act of the parliament in relation to the UTs.
Council of ministers and other ministers of Delhi and Puducherry are appointed by the president (unlike state council of ministers who are appointed by the governor).
Oath to the CM and other ministers in Delhi and Puducherry is administered by Lt. Governor on behalf of the president.
Ministers handed over their resignation to the Lt. Governor addressed to the President.
As per the 91st Constitutional Amendment Act 2003, the maximum size of the union CoM can't be more than 15%, State CoM can't be more than 15% of the strength of the Lok Sabha and State legislative assembly of respective assemblies.
But in case of Delhi, it is 10% and in case of Puducherry it is 15%.
91st Constitutional Amendment Act 2003
- Provides that the CoM of union should not exceed 15%
- Provides that the CoM of state should not exceed 15%
- Provides that the CoM of Delhi should not exceed 10%.
- Provides that the CoM of Puducherry should not exceed 15%.
Assemblies of Delhi and Puducherry are dissolved by the President.
In Delhi and Puducherry, Lt. Governor has to act on the aid and advice of the respective CoM except in the case of where he is expected to act in his discretion.
Discretionary powers
- Discretionary power of the president → not mentioned
- Discretionary power of the governor → mentioned
- Discretionary power of the Lt. governor → mentioned
In case of differences of opinion between the Lt. Governor and the CoM, Lt. Governor refers the matter to the president for decision and the decision of the president now shall prevail in this regard.
Ministry of Home Affairs (MHA) is the nodal ministry for the working of UTs.
Home minister advisory committee - All UTs without a legislature have a forum of Home minister advisory committee chaired by the Home minister of India to discuss the general issues relating to the social and economic development of UTs.
In Home minister advisory committee, the members are Home minister, MP from UTs (Lok Sabha) and the administrator of the respective UTs.
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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own.
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